Traveling abroad with a minor child. Documents required for the trip with a minor child!
Not infrequently I received questions about the conditions of travel with a minor child. Because there are many questions on this subject, we decided to compile the existing information from the official sources provided by the Romanian Border Police and to do this article.
Minor Romanian citizens can travel abroad based on a valid individual travel document - passport or identity card (minors over 14 years) only accompanied, with the consent of parents or legal representatives. Legal representative means the person designated, according to the law, to exercise the rights and to fulfill the parental obligations towards the minor, also recognized as a guardian. You should know from the start that the birth certificate is not a travel document.
The border police allow the departure of a minor Romanian citizen from the country only if he is accompanied by an adult natural person, in the following cases.
The minor child traveling abroad accompanied by both parents he is allowed to leave Romania on the basis of the individual travel document, without the need to present additional documents.
The minor who is accompanied by one of the parents may leave the country in the following situations:
- if the accompanying parent presents a the statement of the other parent resulting from his / her agreement regarding the travel abroad, for a period not exceeding 3 years from the date of its preparation;
- if the accompanying parent proves that the minor has been entrusted to him or that he alone exercises parental authority on the basis of a final and irrevocable court decision or on the basis of a final court decision for the proceedings started on 15 February 2013;
- if the accompanying parent proves the death of the other parent;
- if the accompanying parent proves that the other parent is deprived of parental rights or declared missing, in accordance with the law;
- if the accompanying parent submits a court decision that supersedes the other parent's consent.
The minor Romanian citizen who travels accompanied by a legal representative
The minor Romanian citizen who travels accompanied by a legal representative he is allowed to leave the country based on the final and irrevocable / final court decision, which shows that the person / persons accompanying him / her exercises his / her parental rights and obligations over him / her.
If the minor Romanian citizen is accompanied by a person, other than the parents or the legal representative, he is allowed to leave under the same conditions and with him only if the accompanying person presents:
- The statement both parents or, as the case may be, the parent entrusted by a final and irrevocable court decision, the parent who alone exercises parental authority by virtue of a final and irrevocable court decision or by virtue of a final judgment. of 15 February 2013, of the surviving parent or his / her legal representative, including their agreement regarding the travel abroad, for a period not exceeding 3 years from the date of its preparation, the identity data of the respective companion. In this case, the court decision establishing the parental authority or appointing the legal representative, which remained final and irrevocable / final, is also required.
- Criminal record certificate. The criminal record certificate must be presented also by the foreign citizens who accompany a minor Romanian citizen. Only certificates issued by the Romanian authorities are taken into account, respectively the Criminal Record, Statistics and Operational Records Directorate within IGPR, through the police subunits where there is a criminal record counter, or the diplomatic missions or consular offices of Romania abroad, according to the provisions Law 290/2004 on criminal records, with subsequent amendments and completions. We specify that the validity of the criminal record certificate is 6 months from the date of issue.
If the minor is not accompanied by at least one of the parents and the conditions mentioned above are not met, they shall be informed, with a view to taking him as soon as possible. If it is not possible to inform the parents, the border guards notify the National Authority for the Protection of the Rights of the Child, which initiates the procedure applicable to unaccompanied minors, according to the law.
According Law 248/2005 on the regime of free movement of Romanian citizens abroad, minor Romanian citizens can leave the country on the basis of a valid travel document - passport or identity card (minors over 14 years) - only if they are accompanied by an adult and with the consent of the parents.
Thus, in accordance with the legal provisions in force, the border police will allow the minor Romanian citizens to leave the country in the following cases:
- a) in the situation when they travel abroad accompanied by both parents;
- b) in the situation in which they travel together with one of the parents, only if the accompanying parent shows up a statement from the other parentor, as the case may be, proves the death of the other parent;
In the case of divorced parents who jointly exercise parental authority, the accompanying parent must present the other parent's authenticated consent to leave the country.
- c) in the situation when they are accompanied by another adult natural person only if the accompanying person submits a statement:
- of both parents,
- of the parent to whom the minor was entrusted by a final judgment,
- of the surviving parent or his legal representative.
Companions of minors other than parents, must present at border control and criminal record certificate.
For more information, you can also consult the site politiadefrontiera.ro!